Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Examination of complainant as a witness is mandatory - Provision of S.145 of the Act relating to evidence on affidavit does not relate to the stage before issuance of process u/s.204 Cr.P.C. - Cognizance taken on the basis of affidavit of complainant set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company - Cheque allegedly issued by petitioner as authorised signatory on behalf of firm to discharge liability - Specific averment in complaint that it was petitioner who was responsible for day-to-day administration and all business transaction of firm and, in his capacity as..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Magistrate can take cognizance of complaint after the prescribed period, if complainant satisfies Court that he had sufficient cause for not making complaint within prescribed period...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - After taking cognizance, trial Court has no jurisdiction to review or recall its order...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee in the name of payee or holder in due course - Complaint need not be personally signed and presented by the payee or the holder in due course of cheque - The only requirement is that complaint should be in the name of payee or as the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Stop payment - Held, statutory presumption u/s 139 that cheque was dishonoured can be drawn - But said presumption is rebuttable by adducing evidence to sow that stoppage of payment was not done due to insufficient funds - Material on record indicate that drawer had grievance against complainant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 36A -- Trial under NDPS Act - Designated court gets jurisdiction to decide a case only if the punishment prescribed is more than 3 years - If the punishment prescribed is upto 6 months, trial has to be by a Magistrate under the CrPC - Accused tried for recovery of ganja - Recovery was of cannabis..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR lodged for offences u/ss 420 and 120-B of IPC - No element of cheating or entering into criminal conspiracy - If at all any offence is committed, it is the offence u/s 138 of Negotiable Instruments Act and not the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings dropped relying upon Supreme Court Judgment - Decision relied upon overruled by a larger Bench - Order of dropping proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Court can grant exemption from personal appearance even without first appearance...........
